People v. Arroyo

The court properly denied defendant’s motion to suppress the statement he made to a detective, prior to any Miranda warnings, as he was being placed under arrest. During this process of moving defendant from an interview room to a cell, the detective asked defendant an innocuous question about whether he understood what was happening; in context, this question did not reasonably appear to have anything to do with the facts of the case. Thus, the detective’s question was not reasonably likely to elicit an incriminating response (see People v Rivers, 56 NY2d 476, 480 [1982]; People v Lynes, 49…